RODRIGUEZ v. SUFFOLK COUNTY


305 A.D.2d 574 (2003)

760 N.Y.S.2d 515

LOYDA RODRIGUEZ et al., Plaintiffs, v. SUFFOLK COUNTY et al., Defendants, and RECKSON OPERATING PARTNERSHIP, L.P., Defendant and Third-Party Plaintiff-Respondent. AQUA COOL, Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 19, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

While walking towards a building owned by the defendant third-party plaintiff, Reckson Operating Partnership, L.P. (hereinafter Reckson), the plaintiff Loyda Rodriguez (hereinafter the plaintiff), was injured when she stepped off a concrete walkway into a hole in the adjacent grassy area. At her examination before trial, the plaintiff testified...

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